Our expert estate planning attorneys help keep family disputes out of the courtroom
Our estate planning attorneys work with clients to avoid court-appointed guardianship. In the court-supervised process, a person is selected by the court to manage financial or personal decisions for another person. We use legal tools to avoid court-appointed guardianship and give the estate owner a role in the decision, including:
- Durable power of attorney for finances
- Health care power of attorney
For these tools to be effective, they must be prepared and signed by the person while he or she still has capacity to receive information, evaluate, and communicate their decisions to others. This is an extremely important piece of your planning and neglecting it often leads to unnecessary family disputes and court involvement.
Protective placement becomes necessary when someone needs to be admitted to a nursing home or other care facility but lacks the capacity to admit themselves. Protective placement is a court order that a person stay at a specific place such as a memory care facility or nursing home. In some cases, the court may order protective services as an alternative to protective placement. Protective services are court ordered services that may allow a person to live safely in an independent setting, such as his or her home. In many cases, proper planning can avoid the need for protective placement or protective services.
When guardianship and protective placement is necessary, our estate planning attorneys are here to help you navigate the process.